2.

The high court has errored in not giving proper direction with regard to the
unhygienic food in midday meal scheme tragedy.
It is humbly submitted that high court has errored in not giving proper direction with
regard to the unhygienic food.
It is very much clear from the commission report given in the fact that the food served in the
midday meals scheme is highly adulterated which contains non consumable particles and
have high content of pesticides than the permitted percentage and moreover the food were
cooked in unhygienic conditions and in an unhygienic way.
It is prima facie from the fact that food served in Government Girls School of Y District is
not in compliance with the criteria mentioned in the Supreme Court orders for the effective
implementation of Midday meal scheme.
The Supreme Court orders are the following:

Basic Entitlement:- Every child in every Government School in the Government

assisted primary school should be given a prepared midday meal, with the minimum
content of 300 calories and 8-12 gms of protein, each day for a minimum of 200 days
a year.
No charges:- The conversion costs for a cooked meal, under no circumstances shall
be recovered from the children or their parents.
Central Assistance:- The Central Govt shall also allocate funds to meet with the
conversion cost of food grains into cooked midday meal.
Kitchen sheds:- The Central Govt shall make provisions for construction of kitchen
sheds.
Quality Safeguards:- Attempts shall be made for better infrastructure, improved
facilities like safe drinking water etc, closer monitoring (regular inspection etc,.) and
other quality safeguards as also the improvement of the contents of the meal so as to
provide nutritious meal to the children of the primary schools.
Priority to Dalit cooks:- In appointment of cooks and helpers, preference shall be
given to Dalit, SCs and STs.

These orders highlight how seriously the Supreme Court has viewed the implementation of
the midday meal scheme. Thus, the main objective of the midday meal scheme to encourage
poor children belonging to disadvantaged sections to attend school regularly by providing
nutritious food is not fulfilled by providing highly adulterated and unhygienic food.
It was held in the case of Harit Recyclers Association v. Union of India & Ors.,
That the scheme has been introduced by the govt, it is the obligation of the state to
see that it is properly worked out and no one becomes victim and suffers from any kind of
health hazard due to consumption of bad food.

In this regard we need to look upon the definition of Adulterated as contained in 2(ia) (c)
(h) of prevention of food adulteration act,1954:
2(ia)(c) if any inferior or cheaper substance has been substituted wholly or in part for the
article so as to affect injuriously the nature, substance or quality thereof.
(e) if the article had been prepared, packed or kept under insanitary conditions
whereby it has become contaminated or injurious to health.
(h) if the article contains any poisonous or other ingredient which renders it injurious
to health.
Thus having, regard to the aforesaid provisions substances used in preparing midday meal is
of adulterated articles which falls in above category.
Further it was also held in the Issar Das v. State of Punjab, that adulteration of food is a
menance to public health and statute had been enacted with the aim of eradicating the anti
social evils and for ensuring purity in the articles of food.
It was also contended in the Mithilesh v. State of NCT.Delhi, that articles of food can be
adulterated once it does not meet the specification and which is injurious to health.
The significance on health and health services has also been laid in the article 2(b) (c) (e) of
the convention on Rights of the Child which states as follows:
State parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health state
parties shall strive to ensure that no child is deprived of his or her right of access to such
health care services.
2. State parties shall pursue full implementation of this right and particular shall take
appropriate measures.
(b) To ensure the provision of necessary medical assistance and health care to all children
with emphasis on the development of primary health care.
(c) To combat disease and mal nutrition including within the framework of primary health
care, through the application of readily available technology and through the provision of
adequate nutritious food and clean drinking water, taking into consideration the dangers and
risks of environmental pollution.
(e) To ensure that all segments of society, in particular parents and children are informed to
have access to education and are supported in the use of basic knowledge of child health
nutrious food and clean and advantage of breast feeding and hygine and environmental
sanitation.

Further under article 20(3) of the World Declaration on the Survival, Protection and
Development of children 1990 states as follows:
We will work for optimal growth and development of childhood through measures to
eradicate hunger, malnutrition and famine and thus to relieve millions of children of tragic
sufferings in a world that has the means to food to all its citizens.
By taking above pronouncements into consideration the high court has errored in giving a
proper direction with regard to the un hygienic food in midday meal scheme .